R v Wicks [2005] NSWCCA 409

New South Wales Court of Criminal Appeal

CITATION: R v Wicks [2005] NSWCCA 409

HEARING DATE(S): 25 October 2005

JUDGMENT DATE: 25 November 2005

JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 52; Hoeben J at 53

DECISION: 1. Appeal upheld; 2. The sentences imposed are quashed and in lieu thereof the respondent is sentenced as follows; (i) On each of the four counts contrary to s 50BA(1) sentenced to five years imprisonment to expire on 7 June 2010 with a non-parole period of three years expiring on 7 June 2008; (ii) On the count contrary to s 50BD(1) sentenced to three years imprisonment to expire on 7 June 2008; (iii) On the count contrary to s 50BB(1) sentenced to five years imprisonment commencing on 8 June 2007 and expiring on 7 June 2012 with a non-parole period of three years expiring on 7 June 2010.

CATCHWORDS: CRIMINAL LAW - Crown appeal against sentence - sex offences outside Australia - multiple victims - multiple offences - whether sentencing judge failed to provide an adequate standard and level of punishment - whether sentence failed to adequately reflect the criminality of respondent's conduct, the elements of deterrence and the aggravating features of this offending

Crimes Act 1914 (Cth) Crimes Act 1900 (NSW) LEGISLATION CITED: Criminal Law Consolidation Act 1935 Criminal Code 1913

Bell v R [2001] WASCA 40 Kaye v R [2004] WASCA 227 R v AB & Clifford [2005] NSWCCA 360 R v AJW (2001) 80 SASR 246 R v Baker [2000] NSWCCA 85 R v Bilal Skaf [2005] NSWCCA 297 R v D (1997) 69 SASR 413 R v Dunn [2004] NSWCCA 41 CASES CITED: R v H [2001] NSWCCA 117 R v Levi (1997) unreported, NSWCCA, 15 May 1997 R v LLK (2003) 146 A Crim R 1 R v MD, BM, NA, JT [2005] NSWCCA 342 R v Pearson [2005] NSWCCA 116 R v Percival [2001] NSWCCA 429 R v Weldon (2002) 136 A Crim R 55 at 62 Weininger v The Queen (2003) 212 CLR 629